6 U.S.C. § 142 : US Code - Section 142: Privacy officer

Search 6 U.S.C. § 142 : US Code - Section 142: Privacy officer

(a) Appointment and responsibilities
The Secretary shall appoint a senior official in the Department,
who shall report directly to the Secretary, to assume primary
responsibility for privacy policy, including -
(1) assuring that the use of technologies sustain, and do not
erode, privacy protections relating to the use, collection, and
disclosure of personal information;
(2) assuring that personal information contained in Privacy Act
systems of records is handled in full compliance with fair
information practices as set out in the Privacy Act of 1974 [5
U.S.C. 552a];
(3) evaluating legislative and regulatory proposals involving
collection, use, and disclosure of personal information by the
Federal Government;
(4) conducting a privacy impact assessment of proposed rules of
the Department or that of the Department on the privacy of
personal information, including the type of personal information
collected and the number of people affected;
(5) coordinating with the Officer for Civil Rights and Civil
Liberties to ensure that -
(A) programs, policies, and procedures involving civil
rights, civil liberties, and privacy considerations are
addressed in an integrated and comprehensive manner; and
(B) Congress receives appropriate reports on such programs,
policies, and procedures; and
(6) preparing a report to Congress on an annual basis on
activities of the Department that affect privacy, including
complaints of privacy violations, implementation of the Privacy
Act of 1974 [5 U.S.C. 552a], internal controls, and other
matters.
(b) Authority to investigate
(1) In general
The senior official appointed under subsection (a) may -
(A) have access to all records, reports, audits, reviews,
documents, papers, recommendations, and other materials
available to the Department that relate to programs and
operations with respect to the responsibilities of the senior
official under this section;
(B) make such investigations and reports relating to the
administration of the programs and operations of the Department
as are, in the senior official's judgment, necessary or
desirable;
(C) subject to the approval of the Secretary, require by
subpoena the production, by any person other than a Federal
agency, of all information, documents, reports, answers,
records, accounts, papers, and other data and documentary
evidence necessary to performance of the responsibilities of
the senior official under this section; and
(D) administer to or take from any person an oath,
affirmation, or affidavit, whenever necessary to performance of
the responsibilities of the senior official under this section.
(2) Enforcement of subpoenas
Any subpoena issued under paragraph (1)(C) shall, in the case
of contumacy or refusal to obey, be enforceable by order of any
appropriate United States district court.
(3) Effect of oaths
Any oath, affirmation, or affidavit administered or taken under
paragraph (1)(D) by or before an employee of the Privacy Office
designated for that purpose by the senior official appointed
under subsection (a) shall have the same force and effect as if
administered or taken by or before an officer having a seal of
office.
(c) Supervision and coordination
(1) In general
The senior official appointed under subsection (a) shall -
(A) report to, and be under the general supervision of, the
Secretary; and
(B) coordinate activities with the Inspector General of the
Department in order to avoid duplication of effort.
(2) Coordination with the Inspector General
(A) In general
Except as provided in subparagraph (B), the senior official
appointed under subsection (a) may investigate any matter
relating to possible violations or abuse concerning the
administration of any program or operation of the Department
relevant to the purposes under this section.
(B) Coordination
(i) Referral
Before initiating any investigation described under
subparagraph (A), the senior official shall refer the matter
and all related complaints, allegations, and information to
the Inspector General of the Department.
(ii) Determinations and notifications by the Inspector
General
(I) In general
Not later than 30 days after the receipt of a matter
referred under clause (i), the Inspector General shall -
(aa) make a determination regarding whether the
Inspector General intends to initiate an audit or
investigation of the matter referred under clause (i);
and
(bb) notify the senior official of that determination.
(II) Investigation not initiated
If the Inspector General notifies the senior official
under subclause (I)(bb) that the Inspector General intended
to initiate an audit or investigation, but does not
initiate that audit or investigation within 90 days after
providing that notification, the Inspector General shall
further notify the senior official that an audit or
investigation was not initiated. The further notification
under this subclause shall be made not later than 3 days
after the end of that 90-day period.
(iii) Investigation by senior official
The senior official may investigate a matter referred under
clause (i) if -
(I) the Inspector General notifies the senior official
under clause (ii)(I)(bb) that the Inspector General does
not intend to initiate an audit or investigation relating
to that matter; or
(II) the Inspector General provides a further
notification under clause (ii)(II) relating to that matter.
(iv) Privacy training
Any employee of the Office of Inspector General who audits
or investigates any matter referred under clause (i) shall be
required to receive adequate training on privacy laws, rules,
and regulations, to be provided by an entity approved by the
Inspector General in consultation with the senior official
appointed under subsection (a).
(d) Notification to Congress on removal
If the Secretary removes the senior official appointed under
subsection (a) or transfers that senior official to another
position or location within the Department, the Secretary shall -
(1) promptly submit a written notification of the removal or
transfer to Houses of Congress; and
(2) include in any such notification the reasons for the
removal or transfer.
(e) Reports by senior official to Congress
The senior official appointed under subsection (a) shall -
(1) submit reports directly to the Congress regarding
performance of the responsibilities of the senior official under
this section, without any prior comment or amendment by the
Secretary, Deputy Secretary, or any other officer or employee of
the Department or the Office of Management and Budget; and
(2) inform the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of
the House of Representatives not later than -
(A) 30 days after the Secretary disapproves the senior
official's request for a subpoena under subsection (b)(1)(C) or
the Secretary substantively modifies the requested subpoena; or
(B) 45 days after the senior official's request for a
subpoena under subsection (b)(1)(C), if that subpoena has not
either been approved or disapproved by the Secretary.